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Issue details

Application to stop up parts of the adopted highway verges off Scoreby Lane, Kexby

Purpose of Report: The report considers an application by a local resident to stop up part of the adopted highway verges off Scoreby Lane in Kexby. The application concerns verges which are in the ownership of the resident but are currently adopted highway. The landowner has asked the Council to consider submitting an application to the Magistrates’ Court for a stopping up order under Sections 116 and 117 of the Highways Act 1980.

The status of these sections of verge has been in dispute over many years. A previous application to stop up the area, leaving a 1m wide adopted highway strip, was abandoned by the Council due to objections received through the consultation process. A new application was submitted by the resident in 2022, which is considered in this report. The revised application proposes to retain a wider strip of adopted highway verges in response to concerns raised during the previous application process.

The Executive Member will be asked to consider whether officers should prepare an application to the Magistrates’ Court for an order to stop up part of the highway verges off Scoreby Lane in Kexby, subject to the applicant agreeing to cover all reasonable costs in connection with serving the required notices, preparing the application, and progressing it through the court process.

Decision type: Non-key

Decision status: Decision Made (subject to call-in)

Wards affected: Osbaldwick and Derwent Ward;

Notice of proposed decision first published: 14/09/2022

Decision due: 18/10/22 by Executive Member for Transport

Lead member: Executive Member for Transport

Lead director: Corporate Director of Place

Department: Directorate of Place

Contact: Helene Vergereau, Traffic and Highway Development Manager Email: helene.vergereau@york.gov.uk.

Consultation process

Not Applicable.

Making Representations: Not Applicable.

Equality Impact Assessment Completed?: EIA will be considered as part of the report.


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